Tag: Rule 52

Mississippi Supreme Court Decisions of July 18, 2024

The Mississippi Supreme Court handed down three opinions today. There are two direct criminal appeals (one of which resulted in reversal) and one convoluted civil case stemming from business dealings related to a mixed-use development.

Jones v. State, 2022-KA-01173-SCT (Criminal – Felony)
Affirming conviction of murder, holding that the defendant was not denied a fair and impartial trial by the State’s reference to other bad acts in its opening statement and that the verdict was not against the overwhelming weight of the evidence.
(9-0)

Walker v. State, 2023-KA-00467-SCT (Criminal – Felony)
Reversing conviction of knowlingly possessing methamphetamine with a firearm enhancement, holding that the State failed to present sufficient, competent evidence connecting the defendant to the meth to establish constructive possession where there was another passenger in the vehicle the defendant was driving and the meth was found between the driver’s seat and the center console.
(8-1: Randolph dissented)

NOTE – Here is some of the key rationale:

Landrum v. Livingston Holdings, LLC, 2022-CA-00498-SCT (Civil – Other)
Affirming in part and reversing in part on direct and cross-appeal in a dispute arising out of business agreements related to a mixed-use development, holding that the chancellor did not err in finding that one litigant did not have derivative standing on behalf of an LLC; that the chancellor did not err in denying a Rule 52(a) request for findings of fact and conclusions of law; that the chancellor did not err in denying a Rule 54(b) motion for final judgment; that the chancellor erred in finding no fiduciary duty existed between to entities but did not err in such a find as to others; that several issues were waived for failure to cite authority in briefing; that the chancellor did not err in excluding expert testimony; that the chancellor erred in dismissing the breach of contract claim; and that the chancellor erred in denying attorneys’ fees.
(6-3: King concurred in part and dissented in part, joined by Kitchens; Griffis concurred in part and dissented in part, joined by Kitchens and King)

NOTE – The majority opinion is 44 pages that include many convoluted underlying facts that I have not attempted to convey here.

Other Orders

  • In Re: The Mississippi Access to Justice Commission, 89-R-99032-SCT (reappointing Hon. Tiffany Grove, David Haadsma, and Julian Miller as Commissioners of the Access to Justice Commission to terms expiring June 30, 2027, and appointing Michael Carr, Hon. Joseph Kilgore, and Barrett Blake Teller as Commissioners to terms expiring June 30, 2027, to succeed Michelle Clouse, Hon. Trent Favre, and Stephen Johnson.)
  • Ronk v. State, 2021-DR-00269-SCT (denying rehearing)
  • Riordan v. Estate of Haguewood, 2022-CT-00606-SCT (denying cert)
  • Ratcliff v. State, 2022-CT-00690-SCT (granting cert)
  • Scates v. State, 2022-CT-00856 (denying cert)
  • Premier Radiology, P.A. v. Davis, 2022-IA-00916-SCT (denying reconsideration and reinstatement)

Hand Down Page

Mississippi Court of Appeals Decisions of August 9, 2022

The Mississippi Court of Appeals handed down five opinions today. There is one decision that turns on an appellate procedure issue, a workers’ comp decision, a real property decision addressing the lack of findings of fact and conclusions of law when a request was made under Rule 52, and two PCR cases.

Jones v. State, 2021-CP-01088-COA (Civil – PCR)
Affirming the circuit court’s denial of a PCR motion because it was barred as a successive motion and time-barred, holding that the plaintiff did not show that these bars did not apply to his claim.
(10-0)

Townsend v. State, 2021-CP-01091-COA (Civil – PCR)
Affirming denial of the plaintiff’s PCR motion, holding that the plaintiff had waived his ineffective assistance of counsel claim when he pleaded guilty, that the indictment was not facially defective, that a pre-sentence report was not required, that the plaintiff’s due process rights were not violated because of his guilty plea, and that the plaintiff’s rights were not violated for sentencing him as a habitual offender.
(10-0)

Thompson v. AAA Cooper Transportation, 2021-CP-00658-COA (Civil – Property Damage)
Affirming the circuit court’s judgment dismissing an appeal from county court for lack of appellate jurisdiction, holding that because the appellant failed to file a notice of appeal and pay the cost bond within the time provided he had not timely perfected his appeal.
(10-0)

Darty v. Gulfport-Biloxi Regional Authority, 2021-WC-00986-COA (Civil – Workers’ Compensation)
Affirming the MWCC’s decision denying the claimant’s motion to reinstate his claim as time-barred, holding that the claimant’s failure to timely request review of the AJ’s dismissal of the claim due to the claimant’s failure to respond to a status request barred the claim.
(10-0)

PRACTICE POINT – This result is not as harsh as it seems from this short summary. The status request was issued on January 24, 2017, which was apparently more than a year after prehearing statements were filed. The order of dismissal for failing to respond to the status request was entered on March 2, 2017. The twenty days to file a written request for review of that order passed, and then another three years passed before the claimant hired a new attorney who filed a motion to reinstate the claim.

Rebuild America, Inc. v. Colomb, 2021–CA-00213-COA (Civil – Real Property)
Reversing the circuit court’s judgment that had affirmed both the county court’s dismissal of an action for unlawful entry and detainer and denial of the plaintiff’s motion for findings of fact and conclusions of law, holding that the county court committed reversible error when it did not provide findings of fact and conclusions of law after a request was made under Miss. R. Civ. P. 52.
(4-2-4: Judge Westbrooks and Judge McDonald concurred in part and in the result without separate written opinion. Judge Emfinger dissented, joined by Chief Judge Barnes, Judge Carlton, and Judge Wilson, and in part by Judge McDonald)

NOTE – Today’s unanimity streak was shattered in dramatic fashion with this decision. The disagreement between the majority and the dissent that interests me the most is whether Rule 52 applies at all. The majority held that it does and reversed because the county court did not make findings of fact and conclusions of law when it was asked to. The dissent argues in a footnote that Rule 52 does not apply:

Rule 52 states:

Maybe the dissent will bolster a cert petition and the Mississippi Supreme Court will weigh-in on this issue.

Other Orders

Beale v. State, 2020-KA-00614-COA (denying rehearing)

Devine v. Cardinal Health 110, LLC, 2020-CA-01101-COA (denying rehearing)

Thompson v. State, 2020-CP-01236-COA (denying rehearing)

Stribling v. Youth Court of Washington County, Mississippi, 2021-CA-00007-COA (dismissing appeal sua sponte for lack of appealable judgment)

Porras v. State, 2021-CP-00052-COA (denying rehearing)

Barnes v. State, 2021-KA-00404-COA (denying rehearing)

Hand Down List